SCENARIO #8: PROCEDURES APPLICABLE TO FEDERAL
AND/OR STATE STATUTORY PROVISIONS FOR
ACCOMPLISHED PRACTICES, STUDENT PROGRESSION,
AND COMPULSORY SCHOOL ATTENDANCE
Yadira Ochoa
Barry University
Scenario
Jaime is a third grade student who was already been
held back last year. His mother fears that he will fail
the tests again this year. He is 9 years old and hates
school. His teacher makes it worse as all she cares
about is FCAT. She has them doing Reading plus in
class and as homework. She even gives them
grades for it. He literally gets physically ill every
morning and cries everyday.
Compulsory School Attendance
Florida Law (Section 1003.21, Florida Statutes) states that all
children who are either six years of age, who will be six years
old by February 1 of any school year, or who are older than
six years of age but who have not attained the age of 16
years, must attend school regularly during the entire school
term.
A student who attains the age of 16 years during the school
year is not subject to compulsory attendance beyond the date
of which the student attains that age if he/she files a formal
declaration of intent to terminate school enrollment with the
school district.
Compulsory School Attendance
Florida law (Section 1003.26, Florida Statutes) specifies steps for enforcement of regular
school attendance. It is the responsibility of the school district superintendent to
enforce school attendance of all children who are subject to compulsory school age
requirements. The responsibility includes:
•Develop policies and procedures to ensure that schools respond in a timely manner
to each unexcused absence, or absence for which the reason is unknown.
•Contact the home for every unexcused absence or absence for which the reason is
unknown, to obtain parent justification for the absence.
•Evaluate each justification and, based on district policy, determine whether the
absence is excused or unexcused; if excused, allow the student to make up assigned
work without academic penalty.
•Track excused and unexcused absences.
•Identify and refer students who may be developing a pattern of nonattendance to the
school child study team for intervention services.
Compulsory School Attendance
•Schedule a meeting with certain identified parents to discuss their child's
attendance.
•Implement prevention and intervention strategies to address truancy and
attendance issues as required for drivers' licenses and related requirements for
habitual truants.
•Send a notice to the superintendent of schools and to the district home
education contact regarding patterns of nonattendance for specific students.
•Refer habitual truancy cases to the case staffing committee and/or child-in-needof-services provider for assistance.
Exceptions to Compulsory Attendance
•Married Students
•Students who have reached age 14 and have obtained lawful employment certificates.
Landmark Case
Wisconsin v. Yoder, 406 U.S.205 (1972), is the case in
which the United States Supreme Court found that Amish
Children could not be placed under compulsory
education past 8th grade. The parents’ fundamental right
to freedom of religion outweighed the state’s interest in
educating its children. The case is often cited as a basis
for parent’ right to educate their children outside of
traditional private or public schools.
Alternatives to Public School Education
Landmark Case
In Pierce v. Society of Sisters (1925), the United States Supreme Court
affirmed the mandate of compulsory school attendance. The Court also
established the role of parochial and private schools in satisfying the
state’s requirement that children receive schooling. In essence, this
landmark Supreme Court decision affirmed that parents do not have the
right to determine whether their children are educated, but they do have
the right to determine where such education takes place.
Alternatives to Public School Education
•Private Schools
•Home Schooling
•Charter Schools
•Magnet Schools
•Parochial Schools
•Online Schools
Ron Clark Academy
Scenario
A student comes home from school and shares
her summer reading list with her parents. As a
5th grader, one of the required texts is Harry
Potter, by J.K. Rowling. Her parents are
outraged and refuse for their daughter to be
exposed to the violent tones the book sets.
They do not want their daughter having
nightmares due to the evil, deaths, witchcraft
and occult presented in the Harry Potter series.
They will be contacting the school to see if their
daughter can be exempt from the assignment.
Landmark Case
Monteiro v. Tempe Union High Sch. Dist. 158 F.3d 1022, (9th Cir.
Ariz. 1998)
Parent asked school to remove Huck Finn from curriculum because the “n” word
harmed her daughter. Court cited Board of Education v. Pico, saying that there is
a well-established rule that the right to receive information is an inherent
corollary of the rights of free speech and press, and that the students have rights
to receive a broad range of information so that they can freely form their own
thoughts: Court wrote: “Bad ideas should be countered with good ones, not
banned by the courts. One of the roles of teachers is to guide students through
the difficult process of becoming educated, to help them learn how to
discriminate between good concepts and bad, to benefit from the errors society
has made in the past, to improve their minds and characters.” Huck Finn was not
removed from curriculum.
Student Progression
Corresponding Florida State Statute
Section 1008.25, F.S. Public school student progression; remedial instruction;
reporting requirements:
Florida Statutes, (F.S.)
(1) It is the intent of the Legislature that each student's progression from one
grade to another be determined, in part, upon proficiency in reading, writing,
science, and mathematics; that district school board policies facilitate
student achievement; and that each student and his or her parent be
informed of that student's academic progress; and that students have access
to educational options that provide academically challenging coursework or
accelerated instruction pursuant to s. 1002.3105, F.S.
Student Progression
Corresponding Florida State Statute (continued)
(2) Each district school board shall establish a comprehensive program for student progression
which must provide:
(a) Standards for evaluating each student's performance, including how well he or she
masters the performance standards approved by the State Board of Education.
(b) Specific levels of performance in reading, writing, science, and mathematics for each
grade level, including the levels of performance on statewide assessments as defined by the
commissioner, below which a student must receive remediation, or be retained within an
intensive program that is different from the previous year's program and that takes into
account the student's learning style.
(c) Appropriate alternative placement for a student who has been retained 2 or more years.
(d) 1. List the student eligibility and procedural requirements established by the school
district for whole-grade promotion, midyear promotion, and subject-matter acceleration that
would result in a student attending a different school, pursuant to s. 1002.3105(2)(b), F.S.
(d) 2. Notify parents and students of the school district's process by which a parent may
request student participation in whole-grade promotion, midyear promotion, or subjectmatter acceleration that would result in a student attending a different school, pursuant to s.
1002.3105(4)(b)2., F.S.
(
Student Progression
Corresponding Florida State Statute (continued)
e) 1. Advise parents and students that additional Academically Challenging Curriculum to
Enhance Learning (ACCEL) options may be available at the student's school, pursuant to s.
1002.3105, F.S.
(e) 2. Advise parents and students to contact the principal a the student's school for
information related to student eligibility requirements for whole-grade promotion, midyear
promotion, and subject-matter acceleration when the promotion or acceleration occurs within
the principal's school; virtual instruction in higher grade level subjects; and any other ACCEL
options offered by the principal, pursuant to s. 1002.3105(2)(a), F.S.
(e) 3. Advise parents and students to contact the principal at the student's school for
information related to the school's process by which a parent may request student
participation in whole-grade promotion, midyear promotion, and subject-matter acceleration
when the promotion or acceleration occurs within the principal's school; virtual instruction in
higher level grade subjects; and any other ACCEL options offered by the principal, pursuant
to s. 1002.3105(4)(b)1., F.S.
(f) Advise parents and students of the early and accelerated options under s. 1003.4281, F.S.
(g) List, or incorporate by reference, all dual enrollment courses contained within the dual
enrollment articulation agreement established pursuant to s. 1007.271(21), F.S.
Student Progression
Corresponding Florida State Statute (continued)
Section 1008.25, F.S., Public school student progression; remedial
instruction; reporting requirements, also contains key provisions for districts
related to the following: Allocation of resources
•Assessment and remediation
•Reading deficiency and parental notification
•Elimination of social promotion
•Successful progression for retained readers.
No Child Left Behind
On January 8, 2002, NCLB was signed into law. Americans united behind
a revolutionary idea: every child can learn.
•The law confirms that as a nation, we will not accept a public school
system that educates only a portion of its children. NCLB recognizes what
truly makes a difference in providing a quality education.
• It calls for a highly qualified teacher in the core subjects in every
classroom; the use of proven, research-based instructional methods; and
timely information and options for parents.
•Schools that under perform are held accountable, providing their students
with free tutoring or transfer to a better performing public school. In other
words, children’s education needs are placed first where they belong.
No Child Left Behind
To achieve its goals, NCLB works according to four common-sense principles:
•holding schools accountable for results
•giving states and districts flexibility in how they spend federal money
•using scientific research to guide classroom practice
•involving parents by giving them information and choices about their children’s education.
In 1965, Congress passed the Elementary and Secondary Education Act (ESEA), providing, for
the first time, significant federal funding for K12 education. The original law has been renewed
eight times, most recently by NCLB.
No Child Left Behind
Scenario
As a January 24.2014, a lawsuit that could dramatically change how
California public schools deal with ineffective teachers gets underway
in a California Superior Court for Los Angeles County, where LA
Unified Superintendent John Deasy is expected to be the first witness
to testify.
The suit, Vergara vs. California , has been brought by students who
are challenging state laws that they contend protect ineffective
teachers. They say the laws deny students their constitutionally
protected right to a quality education.
Educator Accomplished Practices
The Florida Educator Accomplished Practices (FEAPs) are Florida's core
standards for effective educators and provide valuable guidance to
Florida's public school educators and educator preparation programs
throughout the state on what educators are expected to know and be able
to do.
The FEAPs were established in 1998 through State Board of Education
Rule 6A-5.065. They were updated in December 2010 to reflect
contemporary research on educational practice. The Educator
Accomplished Practices serve as the state's standards for effective
instructional practice and form the foundation for the state's teacher
preparation programs, educator certification requirements and school
district instructional personnel appraisal systems.
Educator Accomplished Practices
Revised December 2010 by FLDOE
The Educator Accomplished Practices are set forth in rule as Florida’s core standards for
effective educators.
The Accomplished Practices form the foundation for the state’s teacher preparation
programs, educator certification requirements and school district instructional personnel
appraisal systems.
The Accomplished Practices are based upon and further describe three (3) essential
principles:
1. The effective educator creates a culture of high expectations for all students by
promoting the importance of education and each student’s capacity for academic
achievement.
2. The effective educator demonstrates deep and comprehensive knowledge of the
subject taught.
3. The effective educator exemplifies the standards of the profession.
Educator Accomplished Practices
1.ASSESSMENT
2. COMMUNICATION
3. CONTINUOUS IMPROVEMENT
4. CRITICAL THINKING
5. DIVERSITY
6. ETHICS
7. HUMAN DEVELOPMENT & LEARNING
8. KNOWLEDGE OF SUBJECT MATTER
9. LEARNING ENVIRONMENTS
10. PLANNING
11. ROLE OF THE TEACHER
12. TECHNOLOGY (Revised 9-4-03)
Educator Accomplished Practices
ACCOMPLISHED PRACTICE #1 - ASSESSMENT
ACCOMPLISHED: Uses assessment strategies (traditional and alternate)
to assist the continuous development of the learner.
Sample Key Indicators
• Diagnoses students' readiness to learn and their individual learning needs
and plans appropriate intervention strategies.
•Assists students in maintaining portfolios of individual work and progress
toward performance outcomes.
• Modifies instruction based upon assessed student performance.
•Maintains observational and anecdotal records to monitor students' development.
•Communicates individual student progress knowledgeably and responsibly based upon appropriate
indicators to the student, families, and colleagues using terms that students and families understand.
Educator Accomplished Practices
ACCOMPLISHED PRACTICE #2 - COMMUNICATION
ACCOMPLISHED: Uses effective communication techniques with students and
all other stakeholders.
Sample Key Indicators:
•Establishes positive interaction in the learning environment that uses incentives and
consequences for students to promote excellence.
• Establishes positive interactions between teacher and student in all areas.
• Communicates procedures/behaviors effectively, in both verbal and nonverbal styles,
with all students, including those with handicapping conditions and those of varying
cultural and linguistic backgrounds.
• Communicates with and challenges all students in a positive and supportive manner.
• Communicates to all students high expectations for learning.
Educator Accomplished Practices
ACCOMPLISHED PRACTICE #3 - CONTINUOUS IMPROVEMENT
ACCOMPLISHED: Engages in continuous professional quality improvement for self and
school.
Sample Key Indicators:
•Functions as a facilitator in the school, actively applying accepted
principles and strategies for affecting change.
•Uses data from her/his own learning environments (e.g., classroom
observation, audio/video recordings, student results and feedback, and
research) as a basis for reflecting upon and experimenting with personal
teaching practices.
•Communicates with students, families, and the community to assess the
•relevance of the curriculum and adequacy of student progress toward
•standards.
Educator Accomplished Practices
ACCOMPLISHED PRACTICE #4 - CRITICAL THINKING
ACCOMPLISHED: Uses appropriate techniques and strategies which
promote and enhance critical, creative, and evaluative thinking capabilities of students.
Sample Key Indicators:
•Monitors students’ work and adjusts strategies in response to learners’ needs and successes in
creative thinking activities.
• Uses technology and other appropriate tools to extend the learning environment for students.
•Chooses varied teaching strategies, materials, and technologies to expand
students' thinking abilities.
•Poses problems, dilemmas, and questions in lessons that involve value
knowledge and that require evaluative thinking.
Educator Accomplished Practices
ACCOMPLISHED PRACTICE #5 - DIVERSITY
ACCOMPLISHED: Uses teaching and learning strategies that reflect each
student's culture, learning styles, special needs, and socioeconomic background
Sample Key Indicators:
•Accepts and values students from diverse cultures and linguistic backgrounds and treats all students
equitably.
• Creates a learning environment in which all students are treated equitably.
• Utilizes the cultural and linguistic diversity and experiences of individual students to enrich instruction
for the whole group.
• Provides a range of activities to meet the various students' learning styles and cultural and linguistic
backgrounds.
• Uses appropriate teaching techniques and strategies to effectively instruct all students.
Educator Accomplished Practices
ACCOMPLISHED PRACTICE #6 - ETHICS
ACCOMPLISHED: Adheres to the Code of Ethics and Principles of Professional Conduct of the
Education Profession in Florida
Sample Key Indicators:
•Makes reasonable effort to protect students from conditions harmful to learning and/or to the student's
mental and/or physical health and/or safety.
• Does not unreasonably restrain a student from pursuit of learning.
• Does not unreasonably deny a student access to diverse points of view.
• Takes reasonable precautions to distinguish between personal views and those of any educational
institution or organization with which the individual is affiliated.
Educator Accomplished Practices
ACCOMPLISHED PRACTICE #7 - HUMAN DEVELOPMENT AND LEARNING
ACCOMPLISHED: Uses an understanding of learning and human development to provide a
positive learning environment which supports the intellectual, personal, and social
development of all students.
Sample Key Indicators:
•Recognizes the developmental level of each student as indicated by
•behaviors, writings, drawings, etc. and other responses.
• Stimulates student reflection on previously acquired knowledge and links new knowledge and ideas
to already familiar ideas.
• Draws upon an extensive repertoire of activities that have proven successful in engaging and
motivating students at appropriate developmental levels.
Educator Accomplished Practices
ACCOMPLISHED PRACTICE #8 - KNOWLEDGE OF SUBJECT MATTER
ACCOMPLISHED: Demonstrates knowledge and understanding of the subject matter.
Sample Key Indicators:
•Communicates accurate knowledge of subject matter in a comprehensible manner using language
and style appropriate to the learner.
• Demonstrates a breadth of subject matter knowledge that enables students to approach and to
interrelate topics from a variety of perspectives, interests, and points of view.
• Uses the references, materials, and technologies of the subject field in a manner appropriate to the
developmental stage of the learner.
• Maintains currency in regard to changes in the subject field.
Educator Accomplished Practices
ACCOMPLISHED PRACTICE #9 - LEARNING ENVIRONMENTS
ACCOMPLISHED: Creates and maintains positive learning environments in which students are
actively engaged in learning, social interaction, cooperative learning, and self-motivation.
Sample Key Indicators:
•Manages student behavior in the various learning environments
•Creates positive learning experiences
•Guards the use of time
Educator Accomplished Practices
ACCOMPLISHED PRACTICE #10 - PLANNING
ACCOMPLISHED: Plans, implements, and evaluates effective instruction in a variety of
learning environments.
Sample Key Indicators:
•Develops student performance outcomes, benchmarks, and evidence of adequate progress to guide
planning for instruction.
• Integrates student performance and outcomes into lesson designs and delivery strategies.
• Plans activities that promote high standards through a climate which enhances and expects
continuous improvement.
•Plans activities that utilize a variety of support and enrichment activities and materials.
Educator Accomplished Practices
ACCOMPLISHED PRACTICE #11 - ROLE OF THE TEACHER
ACCOMPLISHED: Works with various education professionals, parents, and other
stakeholders in the continuous improvement of the educational experiences of students.
Sample Key Indicators:
•Serves as a student advocate in the school and with the social, legal, and health agencies in the
community.
• Confers with students and their families to provide explicit feedback on student progress and assist
families in guiding students in academic and personal growth.
• Proposes ways in which families can support and reinforce classroom goals, objectives, and
standards.
• Uses the community to provide students with a variety of experiences to examine and explore career
opportunities.
Educator Accomplished Practices
ACCOMPLISHED PRACTICE #12 - TECHNOLOGY (revised 9-4-03)
ACCOMPLISHED: Uses appropriate technology in teaching and learning processes.
Sample Key Indicators:
•Uses technology to construct a variety of teaching materials and
assessment exercises, and applies current research on integrating technology when planning for
instruction.
• Makes classroom management decisions based on data derived from the use of technology
productivity tools and monitors student learning in a technology-enhanced environment.
• Facilitates student learning of technology as it relates to curricular
activities.
Evaluative Instrument
Separate into your Thursday night Groups and discuss the following questions:
Group 1: Should education be compulsory? Why or why not?
Group 2: Of the many school alternatives, which do you prefer and why?
Group 3: Has student achievement increased since No Child Left Behind?
Group 4: What are the 12 accomplished practices and why are they important?
Reference
Attendance and Enrollment. Retrieved from
http://www.fldoe.org/faq/default.asp?ALL=Y&Dept=107
Harris, M. (2014). Vergara witnesses recall teacher intimidation, incompetence. Retrieved from
http://laschoolreport.com/vergara-witnesses-recall-teacher-intimidation-incompetence/
Educator Accomplished Practices. Retrieved from
http://www.citrus.k12.fl.us/staffdev/PDF/Educator%20Accomplished%20Practices.pdf
Florida Law Statutes. Retrieved from
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=1
000-1099/1003/Sections/1003.21.html
Reference
Ladner,M Ph.D. and Lips, D. (2009). How "No Child Left Behind" threatens florida's successful
education reforms. Retrieved from http://www.heritage.org/research/reports/2009/01/how-no-childleft-behind-threatens-floridas-successful-education-reforms
Monteiro v. Tempe Union High Sch. Dist. 158 F.3d 1022, (9th Cir. Ariz. 1998)
No Child Left Behind Act. Retrieved from http://www.fldoe.org/NCLB/
Pierce v. Society of Sisters, 268 U.S. Supreme Court 1925
Student Progression. Retrieved from http://www.fldoe.org/bii/studentpro/
Reference
Walsh, M. (1998). Schools can't ban books because of complaints, court says. Retrieved from
http://www.edweek.org/ew/articles/1998/10/28/09huck.h18.html
Wisconsin v. Yoder , 406 U.S. 205 (U.S. Supreme Court 1972